Cruelty has always been perceived through a lens focused on women. However, recent times have shown many cases where men have been at the receiving end. Johnny Depp garnered headlines when he was granted a divorce and won the defamation case against his wife. Back home in India, many renowned celebrities and stars like chef […]
In India Dowry is a curse that has caused innumerable forms of mental, physical, and psychological trauma to the victims, usually women. The Ststista analysis shows the trend in the number of reported dowry deaths in India below. Dowry has been considered to be illegal in India since 1961. However, the statistics point out that […]
The wardship of a child after the breakdown of parental figures is a significant problem. As is often the case, movies and books tend to stress how children experience emotional pain when their parents split. Assigning guardianship to a minor comes in after the conclusion of a divorce or a legal separation of spouses, and […]
Did you know that statistics from the Bangalore mediation center indicate significant success, with over 20,000 out of 30,000 cases settled through mediation between 2007 and 2014? The most traditional form of contemporary divorce procedures in India implies the existence of the mediator who is a neutral third party with special training and experience in […]
In the midst of divorce debates children confront the most challenging situation of maturing emotionally beyond their measure as their wounds remain inflict extensive agony even after the judicial verdict. The children are the most troubled during separation and divorce which occurs within families. Since the parents are unstable and fight among themselves, the sadness […]
Divorce is undeniably one of the most emotionally taxing experiences for any couple, fraught with stress, bitterness, and financial strain. However, it doesn’t always have to be a protracted legal battle filled with acrimony. In India, mutual divorce offers a pragmatic alternative for couples seeking to part ways amicably, minimizing the emotional turmoil and financial […]
In legal proceedings concerning family matters, particularly divorce or separation, two critical aspects often arise: spousal maintenance and child support. While both serve to provide financial assistance, they differ significantly in their purpose, scope, and legal considerations. In India, the provisions governing spousal maintenance and child support are primarily outlined in the Hindu Marriage Act, […]
Addressing the emotional burdens of a divorce goes hand in hand with practical matters, including financial considerations that former spouses might encounter unequally after the separation. In India the law of alimony and maintenance is aimed at resolving these concerns favoring a situation where both parties are satisfied. The mastery of the intricacies of alimony […]
Welcome to our blog, where we delve into the nuanced topic of ‘Rights Of A Working Woman In Divorce In India.’ Through this article, you will gain insights into pivotal questions such as ‘Can a wife get maintenance after divorce?’ and ‘Can a working woman ask for alimony in India?’. We aim to provide comprehensive […]
Mutual consent divorce is a regulatory process for the dissolution of marriage where the court observes and confirms that the consent of both parties is without any coercion, fraud, undue influence or force. The Apex Court has given a precedent for mutual consent divorce by allowing the court’s discretionary powers to forgo the statutory requirement […]
When a marriage goes through a rough patch, there is no other option that can save it, even after repeated mediation, counselling, and other interventions. Divorce becomes the only choice for many. With boundaries blurring and the world becoming a common stage, cross-border marriages have become common. Entering into matrimony might seem easier, but when […]
Divorce is a sensitive issue and common opinions or rumors about Divorce laws could have a potential negative impact. This could lead to inaction, and wrong actions based on these presumed myths. As rightly said by Joseph Cambell, “Myths are public dreams, and dreams are private myths” At Divorcebylaw we battle these myths that are […]
Marriages are though “made in heaven”,the option of staying in an abusive marriage is not a norm anymore. Men and women have stopped continuing marriages that involve physical abuse at the hands of the spouse and other members of the family. So have the changing times women’s empowerment and feminism changed the statistics of domestic […]
In India, grandparents and grandchildren form close relationships. According to the US Census, almost 7 million grandparents live with their grandkids under the age of 18, and since this concept has been prevalent since the days of joint families in India, the figure would likely be considerably higher in our country. It’s also been seen […]
It takes work to return to regular life after the decision to part ways with someone, as divorce is as much an emotional as a legal process. Changes in responsibilities are necessary due to practical, emotional, financial, parental, and legal issues. Financial stability may take years to get back to ease for individuals if post-divorce […]
Do you know why there are divorce cases in hype? Early marriage, changing societal norms, financial independence, arguments, disagreements, inequality, etc. The children who look up to both parents for their holistic growth are the most affected in such situations. Child custody comes into the limelight when parents fail to have an amicable plan on […]
Did you know there has been an increase of about 350% in divorce rates in India in the last two decades? India is a nation that places significant emphasis on family values. But in short of that, divorce is a multifaceted matter, intertwining both legal and social dimensions. The recent media coverage has thrown light […]
Traditionally fathers were considered to be the sole guardians of the person and property of the child, when mothers did not have an independent legal status. When mothers started to have an independent legal existence, when divorce became possible they could have their residence. This led Mothers also claim the custody of their children, which […]
Divorce is a difficult phase for any couple and the complexity of child custody adds to the woes. Parents must ensure their conflicts don’t hamper their child’s physical, emotional and mental well-being. The gravity of the situation can be understood from a report in The Hindu, “Karnataka High Court initiates suo motu PIL to involve […]
According to a report in WION, India accounts for only 1% of divorce cases. Irreconcilable differences, adultery, cruelty, financial irresponsibilities, and poor communication skills are some of the factors leading to an unsuccessful marriage. Though the above statistics may seem positive as compared to the rest of the world, there are subtle religious, cultural, and […]
In contemporary times, the dissolution of marriages has become less stigmatized compared to previous decades. Women’s increasing educational attainment and workforce participation has facilitated couples in addressing and acknowledging the breakdown of their marital unions with reduced concerns about financial ramifications. Amicable separations are a common outcome, allowing the parties involved to move forward with […]
Within the purview of the legal domain, bail constitutes a vital and multifaceted mechanism that allows for the provisional release of an accused individual during the pendency of criminal proceedings. It embodies the principle of presumption of innocence, whereby the accused is considered innocent until proven guilty by a court of law. Ascertaining the appropriateness […]
In the realm of marital jurisprudence in India, mutual divorce is a notable mechanism, offering a relatively amicable solution to the dissolution of marriage. Rooted in preserving the dignity and autonomy of the parties involved, mutual divorce requires the harmonious consent of both spouses to terminate their marital bonds. A pivotal stipulation governing this process […]
The practice of dowry is an immense societal calamity that our nation has grappled with, and it is incumbent upon an enlightened society to eradicate this evil tradition. Simultaneously, domestic violence, encompassing physical, emotional, and psychological distress inflicted upon individuals, violates fundamental human rights. Numerous countries have recognized it as a grave impediment to personal […]
The dissolution of marriage presents a complex legal landscape wherein the calculation of maintenance payments assumes paramount significance. Maintenance payments, commonly referred to as alimony or spousal support, are vital to guarantee financial equilibrium for individuals after a divorce. These payments bridge the financial disparities that may arise when one spouse possesses a higher income […]
Child custody laws in India without divorce can be an emotionally tumultuous experience, especially when children are involved. During this challenging time, understanding the legal framework and implementing best practices becomes paramount for parents seeking to ensure the well-being and stability of their children. Child custody, which determines where and with whom the children will […]
Marital rape is an issue that has long been shrouded in silence and stigma, particularly in India. It refers to the non-consensual sexual acts perpetrated by a spouse within the confines of marriage. Despite its alarming prevalence and devastating consequences, marital rape continues to be a highly sensitive and under-addressed problem in the country. By […]
Marital rape (sexual assault), a form of sexual violence occurring within the institution of marriage, remains a highly contentious and complex issue. It involves non-consensual sexual acts perpetrated by a spouse, challenging the traditional notions of marriage, autonomy, and human rights. In the Indian legal system, the recognition and legal status of marital rape (sexual […]
In the realm of Indian law, a provision allows couples to live separately without obtaining a divorce. This legal arrangement recognizes the cultural and legal significance of marriage in India while accommodating the growing trend of couples opting for separation rather than seeking a formal divorce. Marriage holds immense cultural and legal significance in Indian […]
Bail, originating from the French term “bailer,” signifying delivery or granting, refers to the temporary release of an accused person from custody pending trial or other legal proceedings. Its fundamental purpose is to balance justice’s interests with individuals’ rights, ensuring a fair legal process. Although the Code of Criminal Procedure, 1973 does not explicitly define […]
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